Accountability Amendment Principles 1999 (No. 1)
I, Bronwyn Kathleen Bishop, Minister for Aged Care, make these Principles under subsection 96-1 (1) of the Aged Care Act 1997.
Dated 2 September 1999.
BRONWYN BISHOP
Minister for Aged Care
Accountability Amendment Principles 1999 (No. 1)1
made under the
Aged Care Act 1997
Contents
Page
1 Name of Principles
2 Commencement
3 Amendment of Accountability Principles 1998
Schedule 1 Amendments
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1 Name of Principles
These Principles are the Accountability Amendment Principles 1999 (No. 1).
2 Commencement
These Principles commence on gazettal.
3 Amendment of Accountability Principles 1998
Schedule 1 amends the Accountability Principles 1998.
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Schedule 1 Amendments
(section 3)
[1] Section 1.3, definition of Accreditation Grant Principles
substitute
Accreditation Grant Principles means the Accreditation Grant Principles 1999 made under subsection 96-1 (1) of the Act.
[2] Paragraph 1.4 (1) (b)
substitute
(b) a person, acting for an accreditation body, who is a quality assessor registered for the Accreditation Grant Principles;
[3] Section 1.7
substitute
1.7 Notice of access
(1) If a representative requires access to a residential care service, it must give notice of its requirement to the approved provider of the service.
(2) Notice given under this section must be in writing, unless it is given by a representative mentioned in subsection (3).
(3) The following representatives may give oral notice:
(a) the Secretary, in relation to the Secretary’s functions under Divisions 2 and 4 of Part 2 of Chapter 3 of the Committee Principles;
(b) a person appointed as a mediator under section 10.55 of the Committee Principles;
(c) a member of a Complaints Resolution Committee mentioned in Division 6 of Part 2 of Chapter 3 of the Committee Principles;
(d) a member of a Determinations Review Panel mentioned in Division 7 of Part 2 of Chapter 3 of the Committee Principles.
(4) An approved provider must allow a representative access to the approved provider’s residential care service if the representative gives notice under this section.
1.7A Notification requirements
(1) Notice given for section 1.7 must tell the approved provider that it may not be complying with its responsibilities under paragraph 63-1 (1) (j), (l) or (m) of the Act if it:
(a) refuses consent to the representative’s access to the service; or
(b) withdraws consent to the representative’s access to the service.
(2) Notice given for section 1.7 must also tell the approved provider that failure by it to comply with a responsibility under paragraph 63-1 (1) (j), (l) or (m) of the Act may result in a sanction being imposed on it under Part 4.4 of the Act.
(3) Notice given for section 1.7 must also tell the approved provider that an act mentioned in paragraph 1.13 (b) or (c) does not constitute non-compliance with its responsibilities under paragraph 63-1 (1) (j), (l) or (m) of the Act.
[4] Section 1.9
substitute
1.9 Representative’s identification
To obtain access to a residential care service a representative must show the approved provider:
(a) a letter of authority that sets out:
(i) the representative’s name; and
(ii) the representative’s position; and
(iii) the matters mentioned in section 1.7A; and
(b) photographic identification of the representative.
[5] Paragraph 1.13 (a)
substitute
(a) refusing to allow a representative access to its residential care service because the representative has not complied with subsection 1.7 (1),
(2) or (3), section 1.7A or 1.9;
1. Made by the Minister for Aged Care on .
Overview
The Accountability Amendment Principles 1999 (No. 1) were introduced to address gaps in the existing accountability framework within the residential aged care sector, ensuring better oversight and adherence to regulatory standards. Enacted under subsection 96-1(1) of the Aged Care Act 1997 by Bronwyn Kathleen Bishop, the Minister for Aged Care, these principles were designed to enhance the accountability of approved providers by refining the process for representatives seeking access to residential care services. The policy objective behind these amendments is to ensure that approved providers comply with their responsibilities and that there are clear consequences for non-compliance, thereby protecting the rights and wellbeing of residents. The principles specifically update the definition of Accreditation Grant Principles, clarify the roles of quality assessors, and introduce new notice and notification requirements to improve transparency and enforceability within the aged care system.
Scope and Application
The Accountability Amendment Principles 1999 (No. 1) applies to the entities and individuals involved in the provision and regulation of residential aged care services within Australia, specifically amending the Accountability Principles 1998. These principles apply to approved providers of residential care services, which are entities authorised to provide aged care services under the Aged Care Act 1997. The principles also apply to various representatives such as the Secretary, quality assessors, mediators, and members of Complaints Resolution Committees and Determinations Review Panels. The legislation operates on a Commonwealth level, impacting the entire country as it is an amendment made under federal legislation. The principles specify requirements for accessing residential care services for inspection and assessment purposes, detailing the process for providing notice and identification for representatives seeking access. The principles also outline the implications for non-compliance, including potential sanctions for approved providers. The scope of these amendments is confined to the specified provisions and does not extend to other areas unless further detailed in subordinate instruments or amendments.
Key Provisions
The Accountability Amendment Principles 1999 (No. 1) (hereafter referred to as the 'Principles') modify the Accountability Principles 1998 under subsection 96-1 (1) of the Aged Care Act 1997. These Principles commence on the date of gazettal, as stated in section 2 of the document. The main changes are found in Schedule 1, which amends various sections of the Accountability Principles 1998. Notably, section 1.3 redefines 'Accreditation Grant Principles', while paragraph 1.4 (1) (b) modifies the qualifications of a person acting for an accreditation body. Section 1.7 introduces new provisions regarding notice of access to residential care services, specifying who can provide such notice and the conditions under which it must be given. Furthermore, section 1.7A outlines notification requirements that must accompany any notice for access, highlighting potential compliance issues and sanctions. Lastly, section 1.9 details the identification requirements for representatives seeking access to residential care services.
These Principles impose specific obligations on approved providers of residential care services. As per section 1.7, approved providers must allow representatives access to their services if the representatives give the required notice. Section 1.7A mandates that the notice must inform the provider about potential non-compliance with certain responsibilities under the Aged Care Act 1997 and the possible sanctions that may follow. Moreover, section 1.9 requires representatives to present a letter of authority and photographic identification to gain access, ensuring that the approved provider knows who is requesting access and the specific matters related to the access request.
Failure to comply with the obligations set out in the Accountability Amendment Principles 1999 (No. 1) may lead to various consequences. Section 1.13 (a) specifies that refusing to allow a representative access to a residential care service because the representative has not complied with the notice or identification requirements constitutes non-compliance with the Act. Such non-compliance may result in sanctions being imposed on the approved provider under Part 4.4 of the Aged Care Act 1997. The exact nature and severity of these sanctions would depend on the specific circumstances and the discretion of the relevant authorities.